Bill Start

An act to amend Section 1319.5 of the Penal Code, relating to criminal law.

[
Approved by
Governor
October 07, 2017.
Filed with
Secretary of State
October 07, 2017.
]

LEGISLATIVE COUNSEL'S DIGEST

AB 789, Rubio.
Criminal procedure: release on own recognizance.

Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge.

This bill would further apply this prohibition to any
offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 1319.5 of the Penal Code is amended to read:

1319.5.

(a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.

(b) Subdivision (a) shall apply to the following:

(1) Any person who is currently on felony probation or felony parole.

(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three
years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses:

(A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).

(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).

(C) A violation of Section 459 (residential burglary).

(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.

(E) Any
offense involving domestic violence.

(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.

(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.

(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.

(d) This section does not alter or
diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsy’s Law).